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South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form

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South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form Page 2
South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form
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Form UJS-321 Rev. 02/2014
Date and sign the Application and complete the signature block.
Obtain a trial date from the Court Administrator’s office or the Clerk of Court (depending
upon which county your action is filed in). You will then use the date given to you to fill in
the “Notice of Hearing” section.
In the Notice of Hearing section, fill in the blanks to indicate day, month, year and time
(including am or pm) of the trial date you got from the Clerk of Court or Court
Administrator. Mark the appropriate box indicating where the trial will be held and fill in the
blanks.
Date and sign the Notice of Hearing and complete the signature block.
File the original Affidavit of Default, Application for Judgment & Decree of Divorce
(Default) and Notice of Hearing with the Clerk of Court. Make two copies of each document.
One for yourself and one to mail to the Defendant.
Mail a copy of the Affidavit of Default, Application for Judgment & Decree of Divorce
(Default) and Notice of Hearing to Defendant by first class mail, properly addressed, with
sufficient postage at least seven (7) days prior to the hearing. The Defendant has to receive
written notice of the Application of Judgment at least three business days prior to the
hearing.
Affidavit of Mailing
The Affidavit of Mailing may only be completed after the Application for Judgment and
Decree of Divorce (Default) and Notice of Hearing are placed in the United States Mail.
Complete the top portion of the Affidavit Mailing (the “caption”). This information will be
the same as on the other documents.
Fill in the blanks as indicated on the Affidavit of Mailing.
File the original Affidavit of Mailing with the Clerk of Court. Make a photocopy of it for
your file.
You must sign and date the Affidavit of Mailing in the presence of a notary public or
clerk of court. Make sure to bring identification to show the notary public or clerk of
court. A notary public can usually be found at the bank and sometimes at the
courthouse.
South Dakota Affidavit of Default, Application for Judgment & Decree of Divorce (Default), Notice of Hearing and Affidavit of Mailing (with Minor Children) Form